CHAPTER 551

AN ACT to provide a charter for the town of Exmore, and to
repeal acts in conflict therewith.
[ H 715 ]

Approved April 7, 1950
Be it enacted by the General Assembly of Virginia:

CHAP 1

§ 1. The Town Corporate.—The inhabitants of the terri-
tory comprised within the present limits of the town of Exmore,
as such limitations are now or may be hereafter altered and
established by law, shall constitute and continue a body, politic
and corporate, to be known and designated as the town of
Exmore, and as such shall have and may exercise all powers
which are now or hereafter may be conferred upon or delegated
to the town under the Constitution and laws of the Common-
wealth of Virginia, as fully and completely as though such
powers were specifically enumerated herein, and no enumera-
tion of particular powers by this charter shall be held to be
exclusive and shall have, exercise and enjoy all the rights,
immunities, powers, and privileges and be subject to all the
duties and obligations now appertaining to and incumbent on
said town as a municipal corporation, and the said town of
Exmore, as such, shall have perpetual succession, may sue and
be sued, implead and be impleaded, contract and be contracted
with, and may have a corporate seal which it may alter, renew,
or amend at its pleasure by proper ordinance.

§ 2. The Town Boundary.—The corporate limits of the
town of Exmore, Virginia, as heretofore established, are hereby
reestablished, and shall be taken and deemed as the town of
Exmore as follows:

Beginning at a point located on the east right of way of
the Pennsylvania Railroad Company at a distance of eight
hundred and fifty-eight and three-tenths (858.3) feet north of
mile post No. 73, thence running north fifty-six (56) degrees
forty-five (45) minutes west seven hundred and one (701) feet
across the Pennsylvania Railroad Company right of way, United
States Highway Route 13 and along the south boundary of the
land of the Coca-Cola Bottling Works to the center of Virginia
State Highway Route 618; thence along the center line of
Virginia State Highway Route 618 north forty-two (42) degrees
forty-five (45) minutes east three hundred and two and seven-
tenths (302.7) feet; thence north forty-eight (48) degrees ten
(10) minutes east seven hundred and twenty-five and three-
tenths (725.3) feet; thence north forty-five (45) degrees east
six hundred and twenty-nine and four-tenths (629.4) feet;
thence north forty-two (42) degrees twenty (20) minutes east
four hundred and fifty-three and five-tenths (453.5) feet to a
point at the intersection of United States Highway Route 13
and Virginia State Highway Route 618; thence across the lands
of M. J. Duer & Co., Inc., and others north fifty-six (56) degrees
thirty (30) minutes west eleven hundred and twenty-seven
(1127) feet to a point; thence north thirty-three (33) degrees
thirty (80) minutes east across lands of Duer and others five
hundred and nineteen and one-tenth (519.1) feet to a point
which is approximately on line of land of C. J. Prettyman and
M. J. Duer & Co., Inc.; thence north fifty-six (56) degrees thirty
(30) minutes west two hundred and forty-nine (249) feet to
a point; thence across lands of C. J. Prettyman north thirty-
three (33) degrees thirty (30) minutes east thirteen hundred
and seventy-nine and five-tenths (1379.5) feet to a point; thence
north sixty (60) degrees thirty (30) minutes west seventeen
hundred and thirty-three (1733) feet across Prettyman land
to a point; thence north two (2) degrees fifteen (15) minutes
east three hundred and fifty-seven and three-tenths (357.3) feet
to a point across lands of Paul Turner and C. J. Prettyman;
thence north forty-three (43) degrees forty-five (45) minutes
east a distance of twenty three hundred and thirty-five (2335)
feet across lands of Pearl Sample, Virginia State Highway
Route 188, Upshur Sample, Asa Sample’s heirs, James Turner,
John Turner’s heirs and others to a point; thence north eighty
(80) degrees forty (40) minutes east eleven hundred and
eighty-nine (1189) feet across Harry Kellam land and James
Turner land to a point in the east side of Virginia State High-
way Route 178; thence south seventy (70) degrees forty-five
(45) minutes east seven hundred and seventy-three (773) feet
across James Turner land to a point; thence south twenty-seven
(27) degrees fifteen (15) minutes east one thousand and eighty-
two (1082) feet across lands of Oscar Willett and others to a
point on edge of United States Highway Route 13; thence across
United State Highway Route 13, and the lands of E. D. Broun,
M. J. Duer, Pennsylvania Railroad Company and Charles Tank-
ard south thirty-two (32) degrees ten (10) minutes east nine
hundred and thirty-two (932) feet to a point; thence south one
(1) degree five (5) minutes east twenty-six hundred and ten
(2610) feet across lands of Charles Tankard, Moses Harmon,
George Stevens and C. J. Prettyman to a point; thence south
forty-one (41) degrees forty-five (45) minutes west one thou-
sand and sixty (1060) feet to a point on lands of W. J. Rew;
thence across land of W. J. Rue, Willis Wharf Exmore Road,
lands of W. L. Cosby, Josephine Masi, Robert T. Gladstone and
others and Northampton Lumber Company south seventy-seven
(77) degrees thirty (30) minutes west twenty-four hundred
and eighty-two (2482) feet to a point located on the right of
way line of the Pennsylvania Railroad Company; thence along
the east right of way line of the Pennsylvania Railroad Company
south thirty-three (33) degrees thirty (30) minutes west a
distance of twenty-one hundred and sixty-six and eight-tenths
(2166.8) feet to the point of beginning.

CHAPTER II

§ 1. Powers of the Town of Exmore.—

1. To raise annually, by the levy of taxes and assessments
in the said town, on all such property, real and personal, as is
now or may be subject to taxation by towns by the laws of this
Commonwealth, such sums of money as the council thereof shall
deem necessary for the purpose of the said town, in such manner
as the said council shall deem expedient in accordance with
the Constitution of this State and of the United States; pro-
vided, however, that it shall impose no taxes on the bonds of
the said town.

2. To impose special or local assessments for local im-
provements and to force payment thereof, subject to such limi-
tations prescribed by the Constitution and laws as may be in
force at the time of the imposition of such special or local
assessments.

3. To impose a tax not exceeding one dollar per annum
upon all persons residing in said town above the age of twenty-
one years, not exempt from the payment of State capitation tax.

4. (a) The town may, in the name of and for the use of
the town, contract debts and make and issue, or cause to be
made and issued, as evidence thereof, bonds, notes or other
obligations, upon the credit of the town, or solely upon the credit
of specific property owned by the town, or solely upon the credit
of income derived from property used in connection with any
public utility owned and operated by the town.

(b) Pending the issuance and sale of any bonds, notes or
other obligations by this act authorized, or in anticipation of
the receipt of taxes and revenues of the current fiscal year, it
shall be lawful for the town to borrow money temporarily and
to issue notes or other evidences of indebtedness therefor, and
from time to time to renew such temporary loans or to use cur-
rent funds to be ultimately repaid from the proceeds of the
said bonds, notes or other obligations or from the town taxes
and revenues, as the case may be.

(c) The credit of the town shall not, directly or indirectly,
under any device or pretense -whatsoever, be granted to or in
aid of any person, firm, association or corporation.

(d) Every ordinance authorizing the issuance of bonds
shall specify the purpose or purposes for which they are to be
issued, the aggregate amount of the bonds, the term for which
they shall be issued, and the maximum rate of interest to be
paid thereon. Any such ordinance may be amended by ordinance
at any time before the bonds to be affected by such amendment
have been sold; provided, however, if there shall be omitted
from this act any provision essential to the valid authorization,
sale, execution and issuance of any of the bonds of said town,
the provisions of general law with reference to similar bonds
shall supply said omission.

(e) Any bonds issued by the town under this act shall be
signed by the mayor and attested by the clerk under the seal
of the town, and shall be made payable in the office of the town
treasurer or such other place in or out of the State as the council
may provide in the ordinance authorizing the issuance of the
particular bonds. Such bonds may be advertised by the mayor
and sold by the town treasurer, as may be provided in such ordi-
nance, under supervision of the mayor and clerk, and the sale
reported to and approved by the council, and the proceeds from
said sale shall be paid to the town treasurer.

5. To expend the money of the town for all lawful pur-
poses.
6. To acquire by purchase, gift, devise, condemnation or
otherwise property, real or personal, or any estate therein within
or without the town, for any of the purposes of the town; and
to hold, improve, sell, lease, mortgage, pledge, or otherwise dis-
pose of the same or any part thereof, including any property
now owned by the town.

7. To establish markets in the town and regulate the same,
and to enforce such regulations in regards to the keeping and
sales of fresh meat, vegetables, eggs and other green groceries
and the trade of hucksters and junk dealers as may be deemed
advisable; and to make and enforce such regulations as shall be
necessary to prevent huckstering, forestalling or regrating.

8. To own, operate and maintain water works and to ac:
quire in any lawful manner in any county of the State, such
water, lands, property rights, and riparian rights as the council
of the said town may deem necessary for the purpose of provid-
ing an adequate water supply to the said town and of piping
and conducting the same; to lay, erect and maintain all neces-
sary mains and service lines, either within or without the cor-
porate limits of the said town, for the distribution of water to
its customers and consumers, both within and without the cor-
porate limits of the said town and to charge and collect water
rents thereof, to erect and maintain all necessary dams, pump-
ing stations and other works in connection therewith; to make
reasonable rules and regulations for promoting the purity of its
said water supply and for protecting the same from pollution;
and for this purpose to exercise full police powers and sanitary
patrol over all land comprised within the limits of the water
shed tributary to any such water supply wherever such lands
may be located in this State; to impose and enforce adequate
penalties for the violation of any such rules and regulations;
and to prevent by injunction any pollution or threatened pollu-
tion of such water supply, and any and all acts likely to impair
the purity thereof; and to carry out the powers herein granted,
the said town may exercise within the State all powers of emi-
nent domain provided by the laws of this State.

9. To collect and dispose of sewage, offal, ashes, garbage,
carcasses of dead animals and other refuse, and to make rea-
sonable charges therefor; to acquire and operate reduction or
any other plants for the utilization or destruction of such ma-
terials, or any of them; to contract or regulate the collection
and disposal thereof and to require and regulate the collection
and disposal thereof.

10. To inspect, test, measure and weigh any commodity or
commodities or articles of consumption for use within the town;
and to establish, regulate, license and inspect weights, meters,
measures and scales.

11. To license and regulate the holding and location of
shows, circuses, public exhibitions, carnivals, and other similar
shows or fairs, or prohibit the holding of the same, or any of
them, within the town or within one mile thereof.

12. To require every owner of motor vehicles residing in
the said town, on a date to be designated by the council, to an-
nually register such motor vehicles and to obtain a license to
operate the same by ‘making application to the treasurer of the
said town, or such other person as may be designated by the
council of the said town, to issue said license, and to require
the said owner to pay an annual license fee therefor to be fixed
by the council; provided that the said license fee shall not ex-
ceed the amount charged by the State on the said machine.

18. To construct, maintain, regulate and operate public
improvements of all kinds, including municipal and other build-
ings, armories, sewage disposal plants, jails, comfort stations,
markets, and all buildings and structures necessary or appro-
priate for the use and proper operation of the various depart-
ments of the town; and to acquire by condemnation or otherwise,
all lands and easements necessary for such improvements, or
any of them; either within or without the town, and to con-
struct, maintain or aid therein, roads and bridges to any prop-
erty owned by the said town and situate beyond the corporate
limits thereof, and to acquire land necessary for the aforesaid
by condemnation or otherwise.

14. To acquire, establish, enter, open, widen, extend,
grade, improve, construct, maintain and clean public highways,
streets, sidewalks, boulevards, parkways, and alleys, and to al-
ter, vacate, or close the same; to establish and maintain parks,
golf courses, playgrounds, and public grounds; to keep them
lighted and in good order; to construct, maintain and operate
bridges, viaducts, subways, tunnels, sewers and drains and to
regulate the use of all such highways, parks, public grounds
and works; to plant and maintain or remove shade trees along
the streets and upon such public grounds; to prevent the ob-
struction of such streets and highways; to regulate the opera-
tion and speed of cars, and vehicles upon said streets and high-
ways, within the town; and to do all other things whatsoever
adapted to make said streets and highways safe, convenient and
attractive.

15. To construct in such parks, playgrounds, and public
grounds, as it may maintain, or upon any town property, stadi-
ums, swimming pools, gymnasia, and recreation or amusement
buildings, structures, or inclosures of every character, refresh-
ment stands, restaurants, et cetera; to charge for admissions,
and use of the same, and to rent out or lease the privileges of
construction, or using such stadiums, swimming pools, recrea-
tion or amusement buildings, structures, or inclosures of every
character, refreshment stands, or restaurants, et cetera.

16. To establish, impose, and enforce the collection of
water and sewage rates, and rates and charges for public utili-
ties, or other services, products, or conveniences, operated, rent-
ed or furnished by the town; and to assess, or cause to be as-
sessed, after reasonable notice to the owner or owners, water
and sewage rates and charges directly against the owner or
owners of the buildings or against the proper tenant or tenants;
and in event such rates and charges shall be assessed against a
tenant then the council may by ordinance, require of such tenant
a deposit of such reasonable amount as it may by such ordinance
prescribe before furnishing such service to such tenant.

17. To establish, construct, and maintain sanitary sew-
ers, sewer lines and systems, and to require the abutting prop-
erty owners to connect therewith and to establish, construct,
maintain and operate sewage disposal plants, and to acquire by
condemnation or otherwise, within or without the town, all
lands, rights of way, riparian and other rights, and easements
necessary for the purposes aforesaid, and to charge, assess, and
collect reasonable fees, rentals, assessments or costs of service
for connection with and using the same.

18. Subject to the provisions of the Constitution and gen-
eral laws of Virginia and this charter to grant franchises for
public utilities; provided, however, the town shall at any time
have the power to contract for, own, operate, manage, sell, en-
cumber or otherwise dispose of, either within or without the
town, any and all public utilities for the town and to sell the
services thereof.

19. To charge and to collect fees for permits to use public
facilities and for public services and privileges. The said town
shall have the power and right to charge a different. rate for
any service rendered or convenience furnished to citizens with-
out the corporate limits from the rates charged for similar serv-
ice to citizens within the corporate limits.

20. To compel the abatement and removal of all nuisances
within the town or upon property owned by the town beyond
its limits at the expense of the person or persons causing the
same, or of the owner or occupant of the ground or premises
whereon the same may be, and to collect said expense by suit or
motion or by distress and sale; to require all lands, lots and
other premises within the town, to be kept clean and sanitary
and free from stagnant water, weeds, filth and unsightly de-
posits, or to make them so at the expense of the owners or occu-
pants thereof, and to collect said expense by suit or motion or
by distress and sale; to regulate, or prevent slaughter houses or
other noisome or offensive business within the said town, the
keeping of hogs or other animals, poultry or fowl therein, or the
exercise of any dangerous or unwholesome business, trade, or
employment therein; to regulate the transportation of all arti-
cles through the streets of the town; to compel the abatement of
smoke and dust and prevent unnecessary noise; to regulate the
location of stables and the manner in which they shall be kept
and constructed; to regulate the location, construction, opera-
tion, and maintenance of billboards, signs, advertising, and gen-
erally to define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, aesthetics, safety, convenience
and welfare of the inhabitants of the town; and to require all
owners or occupants of property having sidewalks in front
thereof to keep the same clean and sanitary, and free from all
weeds, filth, unsightly deposits, ice and snow.
21. To extinguish and prevent fires, and to establish, regu-
late and control a fire department or division, to regulate the
size, height, materials and construction of buildings, fences,
walls, retaining walls and other structures hereafter erected in
such manner as the public safety and conveniences may require;
to remove or require to be removed or reconstructed any build-
ing, structure or addition thereto which by reason of dilapida-
tion, defect of structure, or other causes may have become dan-
gerous to life or property, or which may be erected contrary to
law; to establish and designate from time to time fire limits,
within which limits wooden buildings shall not be constructed,
removed, added to, enlarged or repaired and to direct that any
or all future buildings within such limits shall be constructed of
stone, natural or artificial, concrete, brick, iron or other fire-
proof materials; and may enact stringent and efficient laws
for securing the safety of persons from fires in halls and build-
ings used for public assemblies, entertainments or amusements.

22. To direct the location of all buildings for storing ex-
plosives or combustible substances; to regulate the sale and use
of gunpowder, nitroglycerin, fireworks, kerosene oil or other
like materials; to regulate the exhibition of fireworks, the dis-
charge of fire arms, and the making of bonfires in the streets
and yards.

23. To authorize and regulate the erection of party walls
and fences, and to prescribe how the cost thereof shall be borne
by coterminous owners.

24. To provide for regular and safe construction of houses
in the town for the future, and to provide a building code for
the town, to provide setback lines on the streets beyond which
no buildings may be constructed, to require the standard of all
dwelling houses be maintained in residential section in keeping
with the majority of residences therein, and to require the
standard of all business houses be maintained in business sec-
tions in keeping with the majority of the business houses therein.

25. To provide by ordinance for a system of meat and
milk inspection, and regulate the sale of meat and milk, and
appoint meat and milk inspectors, agents or officers to carry
the same into effect within or without the corporate limits of
the said town; to license, regulate, control and locate slaughter
houses within or without the corporate limits of the town; and
for such services of inspection to make reasonable charges there-
for; and to provide reasonable penalties for the violation of
such ordinances. .

26. To provide for the preservation of the general health
of the inhabitants of said town, make regulations to secure the
same, inspect all foodstuffs and prevent the introduction and
sale in said town of any articles or thing intended for human
consumption, which is adulterated, impure or otherwise danger-
ous to health, and to condemn, seize and destroy or otherwise
dispose of any. such article or thing without liability to the
owner thereof; to prevent the introduction or spread of con-
tagious or infectious diseases, and prevent and suppress disease
generally; to provide and regulate hospitals within or without
the town limits, and if necessary to the suppression of diseases,
to enforce the removal of persons afflicted with contagious or
infectious diseases to hospitals provided for them; to construct
and maintain or to aid in the construction and maintenance of
a hospital or hospitals for the use of the people of the town; to
provide for the organization of a department or bureau of
health, to have the powers of a board of health for said town,
with the authority necessary for the prompt and efficient per-
formance of its duties, with the power to invest any or all the
officials or employees of such department of health with such
powers as the police officers of the town have, to establish quar-
antine ground within or without the town, and establish such
quarantine regulations against infectious and contagious dis-
eases as the council may see fit, subject to the laws of the State
and of the United States; and to provide for a bureau of vital
statistics and require physicians, mid-wives or parents to make
reports thereto.

27. To provide for the care, support and maintenance of
children and of sick, aged, insane or poor persons and paupers.

28. To provide and maintain. either within or without the
town, charitable, recreative, curative, corrective, detentive or
penal institutions.

To prevent fowls and animals being kept in or run-
ning at large in the town, or any thickly populated portion
thereof, and to subject the same to such taxes, regulations and
penalties as the council may think proper.

To prevent the riding or driving of horses or other
animals at an improper speed; to prevent the flying of kites,
throwing of stones, or engaging in any sort of employment in
the public streets which is dangerous or annoying to passersby,
and to prohibit and punish the abuse of animals.

31. In so far as not prohibited by general law, to control,
regulate, limit and restrict the operation of motor vehicles carry-
ing passengers for hire upon the streets or alleys of the town;
to regulate the. use of automobiles and other automotive vehicles
upon the streets; to regulate the routes in and through the town
to be used by motor vehicle carriers operating in and through
said town and to prescribe different routes for different car-
riers; to prohibit the use of certain streets by motor trucks;
and generally to prescribe such regulations respecting motor
traffic therein as may be necessary for the general welfare.

32. To grant aid to military companies and to contribute
to the support of a band maintained within the said town; to
associations for the advancement of agriculture or the mechanic
arts, to scientific, literary, educational or benevolent organiza-
tions or institutions and to public libraries, provided such action
is not prohibited by the Constitution of the State, and that all
such societies, organizations or institutions be located in or
near the town, and provided, further, that no appropriation
for any such purpose shall be made, nor shall aid be otherwise
granted through exemption from charge for use of water or
light facilities or otherwise, either with or without charge,
beyond the city limits, unless two-thirds of all members elected
to the council vote therefor.

33. To acquire, by condemnation, purchase or dtherwise,
provide for, maintain, operate and protect aircraft landing
fields either within or without the corporate limits of the town.

34. If any ground in said town shall be subject to be cov-
ered with stagnant water, or if the owner or owners, occupier or
occupiers thereof shall permit any offensive, unsightly or un-
wholesome substance or material to remain or accumulate
thereon, the town may cause such grounds to be filled, raised,
or drained, or may cause such substance to be covered or to be
removed therefrom, and may collect the expense of so doing
from the owner or owners, occupier or occupiers, or any of
them (except in cases where such nuisance is caused by the
action of the town authorities or their agents, or by natural
causes beyond the control of the owner or occupant, in which
case the town shall pay the expense of abating the same), by
distress and sale in the same manner in which taxes levied
upon real estate for the benefit of said town are authorized to
be collected; provided, that reasonable notice and an oppor-
tunity to be heard shall be first given to said owners or their
agents. In case of nonresident owners who have no agent in
said town, such notice shall be given by publication at least once
a week for not less than four consecutive weeks in any news-
paper having general circulation in the said town.

35. To establish, organize and administer public libraries,
and public schools, subject to the general laws establishing a
standard of education for the State; and to provide for a census.

86. To provide in or near the town, lands to be used as
burial places for the dead; to improve and care for the same
and the approaches thereto, and to charge for and regulate the
use of the ground therein; to cooperate with any nonprofit cor-
poration in the improvement and care of burial places and the
approaches thereto; and to provide for the perpetual upkeep
and care of any plot or burial lot therein, the town is author-
ized to take and receive sums of money by gift, bequest, or
otherwise to be kept invested, and the income thereof used in
and about the perpetual upkeep and care of the said lot or plot,
for Which the said donation, gift, or bequest shall have been
made

37. To prevent any person having no visible means of
support, paupers, and persons who may be dangerous to the
peace and safety of the town, from coming to said town from
without the same; and also to expel therefrom any such person
who has been in said town less than twelve months.

38. To exercise full police powers and establish and main-
tain a department or division of police.

39. To restrain and punish drunkards, vagrants and street
beggars, to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame and gambling
houses; to prevent and punish lewd, indecent and disorderly ex-
hibitions in said town; and to expel therefrom persons guilty
of such conduct who have not resided therein as much as one
year.

40. To make and enforce ordinances, in accordance with
the general laws of this State, to regulate, control, license
and/or tax the manufacture, bottling, sale, distribution, trans-
portation, handling, advertising, possession, dispensing, drink-
ing and use of alcohol, brandy, rum, whiskey, gin, wine, beer,
lager beer, ale, porter, stout, and all liquids, beverages and
articles containing alcohol by distillation, fermentation or other-
wise.

41. To prohibit and punish for mischievous, wanton, or
malicious damage to school and public property, as well as pri-
vate property.

42. To prohibit from, and punish minors for, frequenting,
playing in or loitering in any public poolroom, billiard parlor,
or bowling alley, and to punish any proprietor or agent thereof
for permitting same.

43. Where, by provisions of this act, the town has author-
ity to pass ordinances on any subject, they may prescribe any
penalty not exceeding twelve months in jail or a fine not exceed-
ing five hundred dollars. either or both, for a violation thereof,
and may provide that the offender, on failing to pay the penalty
recovered and costs shall be imprisoned in jail or prison farm
of the town for a term of not exceeding ninety days, which
penalties may be prosecuted and recovered with costs in the
name of the town of Exmore, or shall compel them to work on
the streets or other public improvements of the said town. The
town shall also have the right to establish prisoner labor force
in which they may require persons convicted of violations of
town ordinances, to work on the streets and other public grounds
of the town, and the further right to deal with the State for the
i and employment of persons convicted of violations of State
aws.

44. To offer and pay rewards for the apprehension and
conviction of criminals.

45. To give names to or alter the names of streets.

46. To enjoin and restrain the violation of any town ordi-
nance or ordinances, although a penalty is provided upon con-
viction of such violation.

47. In so far as not prohibited by general law, to pass and
enforce all by-laws, rules, regulations and ordinances which it
may deem necessary for the good order and government of the
town, the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health and pro-
tection of its citizens or their property and to do such other
things and pass such other laws as may be necessary or proper
to carry into full effect, all powers, authority, capacity, or Juris-
diction, which is or shall be granted to or vested in said town,
or in the council, court, or officers thereof, or which may be
necessarily incident to a municipal corporation.

48. To do all things whatsoever necessary or expedient
and lawful to be done for promoting or maintaining the general
welfare, comfort, education, morals, peace, government, health,
trade, commerce, or industries of the town, or its inhabitants.

49. To prescribe any penalty for the violation of any town
ordinance, rule, or regulation or of any provision of this charter,
not exceeding five hundred dollars or twelve months’ imprison-
ment in jail, or both.

50. To make and adopt a comprehensive plan for the town,
and to that end all plats and re-plats hereafter made subdividing
any land within the town or within one mile thereof, into streets,
alleys, roads, and lots or tracts shall be submitted to and ap-
proved by the council before such plats or re-plats are filed for
record or recorded in the office of the clerk of Northampton
county or Accomack county, Virginia.

To own, operate and maintain electric light and gas
works, either within or without the corporate limits of the
town and to supply electricity and gas whether the same be
generated or purchased by said town, to its customers and con-
sumers both without and within the corporate limits of the
said town, at such price and upon such terms as it may prescribe,
and to that end it may contract and purchase electricity and gas
from the owners thereof upon such terms as it may deem
expedient.

52. To exercise the power of eminent domain within this
State with respect to lands and improvements thereon, machin-
ery and equipment for any lawful purpose of the said town,
provided, however, that the provisions of § 25-233 of the Code
of Virginia, 1950, shall apply as to any property owned by a
corporation possessing the power of eminent domain that may
be sought to be taken by condemnation under the provisions of
this act.

58. To divert flowing streams and for that purpose to
acquire property by condemnation.

54. To every case where a street in said town has been,
or shall be, encroached upon by any fence, building or other-
wise, the town may require the owner to remove the same, and
if such removal be not made within the time prescribed by the
town, they may impose such penalty as they deem proper for
each and every day it is allowed to continue thereafter, and may
cause the encroachment to be removed, and collect from the
owner all reasonable charges therefor, with costs by the same
process that they are hereinafter empowered to collect taxes.

Except, in any case where there is a bona fide dispute as
to the true boundary line or the location of the true street line
(and if passage over such street is not seriously impeded) the
same shall first be established and determined by an adjudica-
tion of a court of competent jurisdiction in a proceeding insti-
tuted by either the town or the property owner for that purpose
before the said town shall take any steps to remove the said
obstructidn or encroachment, or to impose any penalty therefor.
No encroachment upon any street, however long continued, shall
constitute any adverse possession to or confer any rights upon
the persons claiming thereunder as against the said town.

55. Dedication of any street, alley or lane in said town
may be made by plat or deed. Any street or alley reserved in
the division or subdivision into lots of any portion of the terri-
tory within the corporate limits of said town, by a plan or plat
of record, shal] be deemed and held to be dedicated to public use,
unless it appears by said record that the street or alley so re-
served is designated for private use. The town shall have the
right to elect, by resolution entered on its minutes whether it
will, or will not accept the dedication of any street or alley.

56. (a) No action shall be maintained against the town
for damages for any injury to any person or property alleged
to have been sustained by reason of the negligence of the town
or any officer, agent, or employee thereof, unless a written state-
ment, verified by the oath of the claimant, his agent or attorney,
or the personal representative of any decedent whose death is
the result of the alleged negligence of the town, its officers,
agents or employees, of the nature of the claim and the time
and place at which the injury is alleged to have occurred or
to have been received, shall have been filed with an attorney,
appointed by the council for this purpose, within sixty days
after such cause of action shall have accrued, and no officers,
agents or employees of the town shall have authority to waive
such conditions precedent or any of them. (b) In any action
against the town to recover damages against it for any negli-
gence in the construction or maintenance of its streets, alleys,
lanes, parks, public places, sewers, reservoirs or water mains,
where any person or corporation is liable with the town for such
negligence, every such person or corporation shall be joined as
defendant with the town in any action brought to recover dam-
ages for such negligence, and where there is judgment or verdict
against the town, as well as the other defendant, it shall be
ascertained by the court or jury which of the defendants is
primarily liable for the damages assessed. (d) If the town,
where not primarily liable, shall pay the said judgment in whole
or in part, the plaintiff shall, to the extent that said judgment is
paid by the town, assign the said judgment to the town without
recourse on the plaintiff, and the town shall be entitled to have
execution issued for its benefit against the other defendant or
defendants who have been ascertained to be primarily liable, or
may institute any suit in equity to enforce the said judgment, or
an action at law, or scire facias to revive or enforce said judg-
ment. (e) No order shall be made, and no injunction shall be
awarded, by any court or judge, to stay the proceedings of the
town in the prosecution of their works, unless it be manifest that
they, their officers, agents or servants are transcending the
authority given them by this act, and that the interposition of
the court is necessary to prevent injury that cannot be ade-
quately compensated in damages.

57. Except when prohibited by general law, the town may
levy a tax or a license on any person, firm or corporation pur-
suing or conducting any trade, business, profession, occupation,
employment or calling whatsoever within the boundaries of the
town, whether a license may be required therefor by the State or
not, and may exceed the State license, if any be required, and
may provide penalties for any violation thereof.

58. Any payment of delinquent taxes made by the tenant,
unless under an expressed contract contained in his lease, shall
be a credit against the person to whom he owes the rent.

59. A lien shall exist on all real estate within the corporate
limits for taxes, levies and assessments in favor of the town,
together with all penalties and interest due thereon, assessed
thereon from the commencement of the year for which the same
were assessed and the procedure for collecting the said taxes,
for selling real estate for town taxes and for the redemption of
real estate sold for town taxes shall be the same as provided
in the general law of the State to the same extent as if the pro-
visions of said general law were herein set out at length. The
said town and its treasurer shall have the benefit of all other
and additional remedies for the collection of town taxes which
are now or hereafter may be granted or permitted under the
general law.

60. All goods and chattels wheresoever found may be dis-
trained and sold for taxes and licenses assessed and due there-
on; and no deed of trust or mortgage upon goods and chattels
shall prevent the same from being distrained and sold for taxes
and licenses assessed against the grantor in such deed where
such goods and chattels remain in the grantor’s possession.

61. Ordinances making the annual tax levy, appropriation
ordinances, ordinances and resolutions pertaining to local im-
provements and assessments, ordinances and resolutions pro-
viding for or directing any investigation of town affairs, reso-
lutions requesting information from administrative bodies, or
directing administrative action and emergency measures shall
take effect at the time indicated in such ordinances. Except as
otherwise prescribed in this charter, all ordinances and resolu-
tions passed by the council shall take effect at the time indi-
cated in such ordinances, but in event no effective date shall be
set forth in any such ordinance, resolution or by-law passed by
the council, the same shall become effective thirty days from
the date of its passage. |

62. (a) There shall be set apart annually from the reve-
nues of the town a sinking fund sufficient in amount, to be in-
vested as hereinafter set forth, to pay the outstanding. indebted-
ness of the town as it matures and which by its terms is not
payable in one year, and the council may in its discretion an-
nually from time to time, set aside such additional sinking funds
as may be deemed proper. (b) When taxes on real and personal
property are collected for the year, the town treasurer shall
take therefrom the necessary amount and any additional sum,
if any, so set apart, and deposit the same in a separate account to
the credit of the sinking fund in such bank or banks as the
council may designate; and the said council may, if it shall so
elect, cause its sinking fund to be loaned on improved real estate
situated in the town of Exmore, secured by first mortgage liens
thereon, provided such funds shall not be loaned to a greater
amount than fifty per centum of the market value of the prop-
erty, and fire insurance shall be carried on the property during
the loan in an amount at least equal to the face amount of the
loan, which money shall be loaned at the rate of six per centum
per annum, payable semiannually and for no longer than five
years at any one time. (c) All sinking funds shall be used ex-
elusively in the payment or purchase and redemption of the out-
standing bonds of the town, and when such sinking funds are
not required or may not within a reasonable time be required
for payment of any bond of the town, or cannot be used to ad-
vantage in the purchase and redemption of any bonds of the
town which may be outstanding, the same shall be securely in-
vested in interest bearing municipal, State or government bonds
or loaned upon otherwise unencumbered real estate, within the
town of Exmore upon the basis hereinbefore provided, or in-
vested in any securities approved by the general laws of the
State for the investment of such funds, or deposited in a bank
on a reasonable rate of interest. Such sinking fund may be
used in the payment or purchase and redemption of all bonds
of the town at the discretion of the council. (d) The town
council shall act as the sinking fund commission and shall pro-
vide for the investment, deposit and application of the funds in
conformity to the provisions of this charter; and it may require
of any bank or banks receiving on deposit its revenues or any
of its sinking fund security satisfactory to the council.

63. Upon the death, resignation, removal or expiration of
the term of any officer of the town, the council, shall order an
annual audit and investigation to be made of the accounts of
such officer and report to be made to the council as soon as prac-
ticable. After the close of each fiscal year an audit shall be made
of the accounts of all town officers; said audit shall be made by
a qualified accountant, selected by the council, who shall have
no personal interest, direct or indirect, in the financial affairs
of the town or any of its officers or employees. The council may
at any time provide for an examination or audit of the ac-
counts of any officer or department of the town government.

64. The town council may appoint a trial justice for the
said town who shall serve for two years from the date of his
appointment and until his successor is appointed by the council
and qualifies. The mayor, or any other qualified voter of the
town of Exmore whom the council deems qualified, may be ap-
pointed by it as such trial justice. If the mayor is appointed as
trial justice, he shall discharge such duties as the trial justice
of the town under this charter and not as the mayor of the town,
in addition to the execution of the duties of mayor imposed upon
him by this charter; and his powers, duties, authority and juris-
diction as such trial justice shall be as hereinafter provided for
the trial justice. Should the mayor be appointed trial justice,
he shall receive the salary of mayor provided by the council for
the discharge of his duties as mayor as well as such salary of
trial justice as may be provided by the council, if any.

Said trial justice is hereby vested with all the power, au-
thority and jurisdiction and charged with all the duties within
and for the town of Exmore, and in criminal matters for one
mile beyond the corporate limits thereof, which are, or May
hereafter be, conferred upon trial justices by the laws of the
State of Virginia, so far as the same may be applicable and not
in conflict with the provisions of this charter; and any amend-
ments of the trial justice laws of this State shall be considered
as amendments also of this section of this charter if the same
are applicable hereto.

Fees and costs shall be assessed by the trial justice and
shall be collected as provided by the laws of the State of Vir-
ginia relating to trial justices as the same shall now be or as
hereafter amended. All fees and costs collected by the said trial
justice and all fines collected for violations of all laws and ordi-
nances of the town shall be paid into the town treasury for the
use and benefit of the town.

Removals may be taken, and appeals from the decisions of
the trial justice may be taken, to the Circuit Court of Northamp-
ton county in the same manner, upon the same terms and shall
be tried in the same way as removals, or as appeals from the de-
cision of trial justices, as the case may be, are provided to be
taken and tried by the laws of the State of Virginia, relating
to trial justices as the same shall now be or as hereafter amended.

The council may also appoint such clerk or clerks as may
in their discretion be necessary, provide for just compensation
therefor, and provide necessary records.

The council of said town shall provide a salary to compen-
sate such trial justice in such amount and payable at such times
as the council shall deem proper, and the council may provide
also for a vacation period, either with or without pay, and for
such duration, as in the judgment of the council may be proper.

Like provisions may be made for a substitute justice, and
when such substitute acts, he shall receive the compensation
which would have been paid him had the principal acted, and
which compensation shall be deducted from the salary or al-
lowance made by the principal.

Nothing contained herein shall prevent the town of Exmore
from combining with the county of Northampton for the use
of one trial justice and one substitute trial justice for such
combined town and county, in such manner as may be provided
by the laws of the State of Virginia relating to trial justices;
and if the town of Exmore and county of Northampton shall
at any time combine for the use of one trial justice and one
substitute trial justice for the said town and the said county,
the laws of the State of Virginia relating to trial justices, so
far as applicable, shall control and not this section of this
charter; provided, however, that the combination of the said
town with the said county for the use of one trial justice and
one substitute trial justice shall not prevent the council of the
‘town at any time thereafter it shall desire so to do from with-
drawing the town of Exmore from such combination by a vote
of the council and appointing a trial justice and a substitute
trial justice for the town of Exmore under the provisions of
this charter, notwithstanding anything in the trial justice laws
of Virginia to the contrary; and likewise nothing herein con-
tained shall prevent the town, after withdrawing from such
combination, to adopt again the combination with the county.
The powers and jurisdiction provided for in this subsection
sixty-four (64) of this section as to matters other than those
pertaining or relating to violations of ordinances of the town
‘may be exercised only to the extent permitted by general law.

65. The town shall have the power to extend or contract
the corporate limits of the town as provided by the Constitu-
tion and general laws of Virginia in force at the time.

66. The town of Exmore shall have authority to impose
taxes or assessments upon abutting landowners for making and
improving the walkways upon then existing streets, and im-
proving and paving then existing alleys, and for either the con-
struction, or for the use of sewers, and the same when imposed,
shall not be in excess of the peculiar benefits resulting there-
from to such abutting landowners; and the procedure for mak-
ing such assessments and the method of collecting such taxes
and assessments shall be in accordance with the general law.

67. The town of Exmore shall have the power to own,
lay out, and maintain its street system.

68. The town of Exmore may levy a tax on all subjects of
taxation not prohibited to it by, nor exempted in, the Constitu-
tion and general laws of Virginia.

69. The council hereinafter created shall have full power
and authority, except as herein otherwise specifically provided,
to exercise herein all of the powers conferred upon the town,
and pass all laws and ordinances relating to its municipal affairs,
subject to the Constitution and general laws of the State and of
vhis charter, and shall have full and complete control of all
fiscal and municipal affairs of said town and all of its real and
personal properties, and may from time to time, amend, re-
amend and/or repeal any or all of the said ordinances, for the
proper regulation, management, and government of the said
town and may impose fines and penalties for the violation or
nonobservance thereof.

70. The enumeration of specific powers, privileges, and
authority in this charter shall not be deemed exclusive, but in
addition to the powers and privileges herein mentioned, implied
or appropriated, the said town shall have and may exercise, all
other powers, which are or may hereafter be, possessed, or
enjoyed, by any towns under the Constitution and laws of the
Commonwealth of Virginia, or not denied by the same, as fully
and completely as if herein set out at length.

CHAPTER III

§ 1. The council may adopt a town plan, showing the
streets, highways, and parks heretofore laid out, adopted, and
established, and such town plan shall be final with respect to
the location, length, and width of such streets and: highways,
and the location and dimensions of such parks. Such town plan
is hereby declared to be established for the promotion of the
health, safety, and general welfare. Upon the adoption of the
town plan, or any amendment thereto, a certificate to that effect,
together with a plat, shall be filed immediately with the clerk of
every county affected by such town plan and amendment.

§ 2. The council is hereby authorized to appoint a town
planning commission, fix the number and terms of members,
remove any member for cause, fill any vacancies, which may
occur, and provide for the powers and duties of such commis-
sion, not in conflict with the provisions of this act.

§ 8. The council may at any time, after a public hearing,
amend the town plan, by widening, relocating, or closing exist-
ing streets and highways, and by altering any existing part or
by laying out new streets and highways and establishing new
parks. Before amending the town plan, the council shall refer
the proposed amendment to the town planning commission for
a report thereon, and shall not act on such amendment until a
report has been received from said commission, unless a period
of thirty days has elapsed after the date of reference to the
commission. Any amendment of the town plan, upon its adop-
tion by the council, shall be final unless changed as herein pro-
vided as to the location, length, and width of any street and
highway, and the location and dimensions of any park. Any
widening, relocating, closing or laying out of streets and high-
ways proposed under the provisions of law other than those con-
tained in this article shall be deemed an amendment of the town
plan, and shall be subject in all respects to the provisions of this
chapter.

§ 4. No plat showing a new street or highway within the
town, shall be filed or recorded in the office of the clerk of the
town or of any county until such plat has been approved by the
council. Before giving any approval, the council shall refer
every such plat to the town planning commission for a report,
and shall not act on any plat so referred until a report has been
received from the commission, unless a period of forty-five days
has elapsed after the date of reference to the commission. Before
reporting to the council on any plat, the commission shall hold
a public hearing thereof. If any plat is disapproved by the com-
mission, it shall report the reasons for such disapproval to the
council. The council shall not approve any plan unless the streets
and highways provided in such plats are of sufficient width, of
proper grades, and suitably located to meet the probable traffic
needs; to afford adequate light, air, and access of fire apparatus
to such buildings as may be erected along the proposed streets
and highways; and to insure healthful conditions on the land
adjacent to such streets and highways. The council may, in
appropriate cases, require that a plat, before being approved,
Shall provide adequate open spaces for parks, playgrounds, or
other recreational uses; but the inclusion of such open spaces
upon a plat does not require their dedication to public use. After
a plat has been approved by the council, the streets, highways,
parks, and other open spaces shall be a part of the town plan.
The council, after a public hearing, may adopt general regula-
tions in regard to the filing of plats.

-§ 5. (a) Before approving such plat, and thereby ac-
cepting the dedication of the streets, alleys, parks and public
places thereon, the council shall require that the streets and al-
leys thereon shall be properly laid out and located with refer-
ence to the topography of the land so platted and the adjoining
lands, both as to connections and widths, which widths of such
streets and alleys shall be plainly marked in figures or written
on such plat, and which streets and alleys shall be laid out in
harmony with the general plan of the town.

(b) And, before approving such plat, and thereby accept-
ing the dedication of the streets and alleys thereon, the council
shall require the owner thereof to execute and deliver to the
town of Exmore a release and waiver of any claim or claims for
damages which such owner, his heirs, successors or assigns may
have or acquire against the town of Exmore by reason of estab-
lishing proper grade lines on and along such streets and alleys
and by reason of doing necessary grading or filling for the pur-
pose of placing such streets and alleys upon the proper grade
and releasing the town of Exmore from building any retaining
wall or walls along the streets and alleys and property lines; and
the council may require such release and waiver to be written
and executed on said plat and recorded therewith or by an in-
strument of writing to be executed and recorded in the clerk’s
office of the Circuit Court of Northampton County.

And the council may, in its discretion, require the owne!
of such platted lands to submit profiles of such streets and al-
leys, showing the contour thereof, together with proper grade
lines laid thereon, and if and when the council is satisfied that
the proper grade lines are laid on such profiles, the profiles shall
be approved by the council and recorded by the owner or at his
expense in the record of the profiles of the streets and alleys of
the town, and the council may, in its discretion, require such
release and waiver to be made with reference thereto.

(c) Before approving any such plat of any subdivision of
lots or lands the town council may, at its discretion, require the
owner of such lot or lands to grade the streets and alleys therein,
according to grade lines approved and established by the council.

§ 6. For the purpose of preserving the integrity of the
plan, no permit shall hereafter be issued for the construction
of any building within the street lines of any mapped street
or highway, as laid down in the town plan, within the town.
Provided, however, if the land within any mapped street or
highway is not yielding a fair return to the owner, the board
of appeals, provided for herein, by a majority vote of all its
members, may issue a permit for a building within the street
line of such street or highway, upon such conditions as will in-
crease as little as possible the cost of opening such street or
highway, and will protect as far as possible the rights of the
public and the integrity of the town plan. The board of ap-
peals, hereinafter authorized, before taking any action under
the provisions of this section, shall hold a public hearing, of
which adequate notice shall be given to all persons deemed to
be affected. Any decision by the board of appeals, rendered
under the provisions of this section, shall be subject to the same
court review as provided for zoning decisions of the board.

§ 7. If such town plan is adopted, no public sewer, water
pipe, or other public utility shall be laid and no grading or pav-
ing shall be done by the town in any street or highway in the
town, unless such street or highway has been placed upon the
town plan by the council. No permit shall be issued for any
building in the town unless such building is located adjacent to
a street or highway, which has been placed upon the town plan
by the council. Provided, however, where the literal enforce-
ment of the provisions of this section would result in practical
difficulty or unnecessary hardship, or where the nature or use
of the proposed building does not require its location to be ad-
jacent to a street or highway, the board of appeals, by a majority
vote of all its members, may issue a permit for a building, upon
such condition as the board may deem necessary to preserve the
integrity of the town plan and to insure the proper location of
future streets and highways in the town and the surrounding
area. Any decisions of the board of appeals, rendered under
the provisions of this section, shall be subject to the same court
review as provided for zoning decisions of the board.

CHAPTER IV

§ 1. For the purpose stated in Article 1 of Chapter 24 of
Title 15 of the Code of Virginia, the town council is hereby em-
powered to pass zoning ordinances in conformity with the said
a a amended, subject, however, to the following modifications

ereto:

(a) The council shall not adopt any zoning ordinance or
map until it shall have appointed a town planning commission,
as provided for in this act and shall have received from said
commission its recommendations as to a zoning ordinance and
map, and shall have held a public hearing thereon.

(b) Any zoning ordinance, regulations, restrictions, and
boundaries of districts may be changed from time to time by
the council, either upon its own motion or upon petition, under
such conditions as the council may prescribe, after a public
hearing and adequate notice to all owners and parties affected.
If a protest or protests be filed with the council, signed by the
owners of twenty per centum or more of the area of the land
included in the proposed change, or by the owners of twenty
per centum or more of the area of the land immediately adja-
cent to the land included in the proposed change, within a dis-
tance of one hundred feet therefrom, or by the owners of twenty
per centum or more of the area of the land directly opposite
across any street or streets from the land included in the pro-
posed change, within a distance of one hundred feet from the
street lines directly opposite, then no such change shall be made
except by the majority vote of all of the members of the council.
No change shall be made by the council in any zoning ordinance
or map until such change has been referred to the town plan-
ning commission for a report thereon, and no action shall be
taken by the council until a report has been received from the
commission, unless a period of thirty days has elapsed after
the date of reference to the commission.

(c) Within thirty days after the adoption of any zoning
ordinance and map, the council shall appoint a board of ap-
peals, consisting of five members, none of whom shall hold any
other positions with the town.

The council may remove any member of the board for
cause, after a public hearing. If a vacancy occurs otherwise
than by the expiration of the term of the different members, it
shall be filled by the council for the unexpired term.

Unless the council designates some member of the board as
a chairman, the board shall select a chairman from among its
own members, and may create and fill such other offices as it
may choose. The board may employ such persons as the council
may approve, and may expend such sums as are appropriated
by the council for its work.

CHAPTER V
Administration and Government

§ 1. (a) The present mayor and council of the town of
Exmore shall continue in office until the expiration of the terms
for which they were respectively elected.

(b) The administration and government of the town of
Exmore shall be vested in one body to be called the council of
the town of Exmore, which shall consist of seven (7) members,
six (6) of whom shall be known as councilmen and one to be
known as mayor, all of whom shall be residents and qualified
voters of the said town. The council may create, appoint, or
elect such departments, bodies, boards, and other officers, or
assessors or attorneys, as are hereinafter provided for, or as
are permitted or required by law to be appointed by the council,
or as may be deemed necessary or proper, and may fix their com-
pensation and define their duties.

Mayor and Vice-Mayor

§ 2. (a) The mayor shall preside at the meetings of the
council and perform such other duties as may be prescribed by
this charter and by general law, and such as may be imposed by
the council, consistent with his office. He shall be recognized
as the official head of the town for all ceremonial purposes, by
the courts for the purpose of serving civil process, and by the
Governor for military purposes. In time of public danger or
emergency, he may take command of the police, maintain order
and enforce the law. Such course of action shall be subject to
review by the council.

The mayor shall have no right to vote in the council except
that in every case of a tie vote of the council, the mayor shall
be entitled to vote and his vote in case of a tie only shall have
the same weight and effect as the vote of a councilman.

The mayor shall have no power to suspend, remove or dis-
charge any officer, agent or employee of the town nor shall he
have any power or authority to appoint or employ any officer,
agent or employee of the town nor to fix the term of office or
employment, or the compensation, or to increase or decrease
the power and authority of any officer, agent, or employee of the
town, unless such power shall have been given him by the coun-
cil, but the mayor shall have such powers with respect to the
chief of police, the police, the policemen and employees of the
police force when and if the mayor is given the control and
supervision of the chief of police.

(b) Every ordinance, or resolution having the effect of an
ordinance, shall, before it becomes operative be presented to the
mayor. If he approve, he shall sign it, but if not, he may return
it, with his objections in writing, to the town clerk who shall
enter the mayor’s objections at length on the minute book of the
council. The council shall thereupon proceed to reconsider such
ordinance or resolution. If, after such consideration, two-thirds
of all the members elected to the council shall agree to pass the
ordinance or resolution, it shall become operative notwithstand-
ing the objection of the mayor. In all such cases the votes of
members of the council upon such reconsideration shall be deter-
mined by “yeas” and “nays”, and the names of the members
voting for and against the ordinance or resolution shall be
entered on the minute book of the council. If any ordinance or
resolution shall not be returned by the mayor within five days
(Sunday excepted) after it shall have been presented to him, it
shall become operative in like manner, as if he had signed it,
unless his term of office or that of the council, shall expire within
said five days.

(c) The council shall at its first meeting after the effective
date of this act choose one of its members as vice-mayor who
shall serve until August thirty-first, nineteen hundred and fifty ;
and at its first meeting in September, nineteen hundred and
fifty, and biennially thereafter following the regular municipal
election, the council shall choose one of its members as vice-
mayor. The vice-mayor shall perform the duties of the mayor
during his absence or disability. In the event of the death,
removal or resignation of the mayor, the council shall choose
one of the councilmen or some other qualified voter of the town
of Exmore, who shall serve as mayor until the next succeeding
municipal election, at which time a successor shall be elected by
the qualified voters of the town of Exmore to fill the office of
mayor for the remainder of the unexpired term.

Should a member of the council be chosen to serve as mayor
until the next municipal election such councilman shall be
deemed to have surrendered his office as councilman forthwith
upon his qualification as mayor and his office of councilman shall
thereupon be vacant. The vacancy thereby created in the council
shall be filled by the council.

The member of the council who shall be chosen vice-mayor,
shall continue to have all of the rights, privileges, powers, duties
and obligations of councilmen even when performing the duties
of mayor during the absence or disability of the mayor of the
town.
§ 3. (a) At the regular municipal election to be held in
the town on the second Tuesday in June in the year nineteen
hundred and fifty, and every two years thereafter, there shall
be elected, in the manner prescribed by law, six councilmen and
a mayor for terms of two years beginning on the first day of
September next succeeding their election, each of whom shall
serve until his successor shall have been elected and qualified.
The council shall be a continuing body, and no measure pending
before such body shall abate or be discontinued by reason of
expiration of the term of office or removal of the members of
said body or any of them. Vacancies in the council by any officer
therein shall be filled within thirty days after such vacancy
occurs for the unexpired term by a majority vote of the remain-
ing members, except where otherwise inconsistent with the pro-
visions of this charter.

(b) The council shall, by ordinance, fix the time for their
stated meetings. Special meetings shall be called by the clerk
of the council upon the request of the mayor, or any three mem-
bers of the council; no business shall be transacted at a special
meeting but that for which it shall be called, unless the council
be unanimous. The meetings of the council shall be open to the
public, except when the public welfare shall require executive
sessions.

If any member of the said council shall be voluntarily
absent from three regular meetings of the council consecutively,
his seat may be deemed vacant by resolution of the council and
thereupon his unexpired term shall be filled according to the
provisions of this act.

Town Clerk

§ 4. The town clerk shall be appointed by the council, and
shall attend the meetings of the council and shall keep perma-
nent records of its proceedings; he shall be custodian of the
town seal and shall affix it to all documents and instruments
requiring the seal, and shall attest the same; he shall keep all
papers, codes, documents, and records pertaining to the town,
the custody of which is not otherwise provided for in this char-
ter; he shall give notice to all parties, presenting petitions, or
communications to the council of the final action of the council
on such communications or petitions; he shall give to the proper
department or officials ample notice of the expiration or termi-
nation of any franchise, contracts or agreements; he shall pub-
lish such reports and ordinances as the council is required to
publish, and such other records and ordinances as it may direct;
he shall upon final passage transmit to the proper departments
or Officials copies of all ordinances or resolutions of the council
relating in any way to such departments or to the duties of such
officials, and he shall perform such other acts and duties as the
council may, from time to time, allow or require.

Town Treasurer

§ 5. (a) The town treasurer shall, before entering upon
the duties of his office, give bond with sufficient surety to be
approved by the council, in a penalty of such amount as may be
fixed by the council from time to time, payable to the town of
Exmore, conditioned for the true and faithful performance of
the duties of his office. The treasurer shall be responsible for
the collection of all taxes, licenses and levies and charges for
services furnished by the public utilities of the town. The
council shal] have authority to place in the hands of a town col-
lector to be appointed by it, the collection of any taxes, licenses
and other levies at any time if in the discretion of the council
it shall be proper so to do.

(b) The town treasurer shall receive all moneys belonging
to the town which it is his duty to collect from persons owing
the same to the town, or which it is the duty of other officers
of the town to collect and pay over to him, and pay the same out
as the ordinances of the town may prescribe; to keep such
moneys safely and account therefor; and to pay all drafts or
order made on him in conformity with the ordinances of the

wn.

(c) The funds of the town shall be deposited by the treas-
urer in such bank or banks as the council may direct, and such
bank or banks may be required to give security in such sum
or sums as the council shall fix. He shall keep books showing
accurately the state of his accounts and the money of the town
shall be kept distinct and separate from his own money and he
is hereby expressly prohibited from using directly or indirectly
the town’s money, checks, or warrants in his custody and keep-
ing for his own use and benefit, or that of any person or persons
whomsoever, and any violation of this provision shall subject
him to immediate removal] from office.

(d) The books and accounts of the town treasurer and all
papers relating to-the accounts and transactions of the town,
shall be at all times subject to the inspection of the mayor, the
town council, and such other persons as the council may appoint,
to examine the same, and all such books and accounts, together
with any balance or moneys on hand, shall be transferred by
the treasurer to his successor at every new appointment, or
delivered up as the council may at any time require.

(e) The town treasurer shall, when required by the council,
render an account to the council showing the state of the treas-
ury and the balance of money on hand. He shall also, if required
so to do by the council, accompany such account with a state-
ment of all money received by him and on what account, with a
list of all checks paid by him during the month then closed, and
shall furnish such other information, accounts and statements
as the town council may direct.

(f) The town treasurer shall annually submit to the town
council, at such time as directed by the council, a full and detailed
account of all receipts and disbursements made during the
fiscal year just closed. |

(g) All taxes, levies or other sums of money of whatever
nature received by the town treasurer belonging to the town of
Exmore shall be credited by the treasurer on his books to the
town of Exmore and shall be paid out by him only on a warrant
of the clerk of the council, countersigned, by the mayor.

(h) The treasurer shall keep a separate account of each
fund and appropriation and the debts and credits belonging
thereto; provided, however, that the council shall have the right
to require all town funds to be deposited to the credit of the
town and may prescribe by resolution or ordinance such other
method of disbursement as it shall from time to time deem
proper.

(i) All moneys received on all special assessments shall be
held by the treasurer as a special fund, to be applied to the pay-
ment of the matter for which the assessment was made and
said moneys shall be used for no other purpose.

(j) The treasurer shall perform such additional duties as
may be required of him by the council not inconsistent with the
laws of the State.

(k) The town treasurer shall receive for his services such
compensation, if any, as the council may deem proper.

Town Sergeant

§ 6. There may be appointed by the council a town ser-
geant who shall qualify and give bond in such amount as the
council may require, when appointed. He shall be vested with
powers of a conservator of the peace, and shall have the same
powers and discharge the same duties as a constable within the
corporate limits of the town and to a distance of one mile beyond
the same, and shall perform such other duties as may be from
time to time prescribed by the council.

Town Officers—General

§ 7. (a) The town council may combine offices when not
expressly prohibited, except that the assessing and collecting
officers shall not be the same person. —

(b) The town council shall grant and pay to all town offi
cers and employees such salaries or compensation, if any, a:
the said council may from time to time deem just and proper
or-which shall be fixed by this act, except as such salaries or
compensation may be fixed by general law.

(c) If any person, having been an officer of such town, shall
not within ten days after he shall have vacated, or removed from
office, and upon notification or request of the clerk of the coun-
cil, or within such time thereafter as the town council shall
allow, deliver over to his successor in office all property, books,
and papers belonging to the town, or appertaining to such office
in his possession or under his control, he shall forfeit and pay
to the town the sum of five hundred dollars, to be sued for in
the name of the town and recovered with costs; and all books,
records, and documents used in any such office by virtue of any
provision of this act, or of any ordinance or order of the town,
council, or any superior officer of the said town, shall be deemed
the property of the said town and appertaining to said office,
and the chief officer thereof shall be responsible therefor.

(d) All officers hereafter elected under this act, shall be
elected at the times and for the terms, as hereinbefore provided,
and shall enter upon the discharge of their duties in accordance
with the provisions of the general laws of this State concerning
town officers.

(e) The town of Exmore and the officers thereof, elected
or appointed in accordance with the provisions of this act, shall
be clothed with all the powers, and be subject to all the provi-
sions of law not in express conflict with the provisions of this act.

(f) The mayor, the town councilmen, the town sergeant
and the members of the police force of the town shall have juris-
diction, power and authority in criminal and police matters for
one mile from the corporate limits of the said town.

(g) All officers elected or appointed under the provisions
of this charter, shall, unless otherwise provided under general
law or by this charter, or by ordinance of the council, execute
such bond with such approved security as may be required by
general law, by this charter, or by ordinance or resolution of the
council, and file the same with the town clerk before entering
upon the discharge of their duties; and in event of default on
the part of any bonded municipal officer, the town shall have
the same remedies against him and his sureties as are provided
for the State in enforcing the penalty of any official bond given
to it.

(h) All officers elected or appointed under the provisions
of this charter shall take the oath of office required by general
laws before entering upon the discharge of his duties, and if
these requirements have not been complied with within thirty
days after the term of office shall have begun or after his ap-
pointment to fill a vacancy, then such office shall be considered
vacant.
§ 1. The mayor, town clerk and town treasurer shall have
power to administer oaths, and to take and sign affidavits in the
discharge of their respective official duties.

§ 2. The council, mayor, and any officer, board or commis-
sion authorized by the council shall have power to make investi-
gations as to town affairs and for that purpose to subpoena wit-
nesses, administer oaths and compel the production of books
and papers.

Any person refusing or failing to attend or to testify or
to produce such books and papers may, by summons issued by
such officer or board or the town council, be summoned before
the mayor of said town by the board, official, or council making
such investigation and upon his failure to give satisfactory ex-
planation of such failure or refusal, may be fined by the mayor
not exceeding one hundred dollars or imprisoned not exceed-
ing thirty days, and such person shall have the right to appeal
to the circuit court of Northampton County. Any person who
shall give false testimony under oath at any such investigation
shall be liable to prosecution for perjury.

The plan of government provided by this charter may
be changed to any other plan provided for the government of
incorporated towns in the manner provided by general law there-
for; and if and when the town of Exmore shall become a city of
the second class in the manner provided by general law, the plan
of government provided by this charter shall continue so far as
applicable, but such plan of government may be changed to any
other plan provided for the government of cities of the second
class at any time in the manner provided by general law.

§ 4. All contracts and obligations heretofore or hereafter
made by the council of the town of Exmore, while in office, not
inconsistent with this charter, or the Constitution, or the gen-
eral laws of this State shall be, and are hereby declared to be
valid and legal.

§ All ordinances now in force in the town of Exmore,
not inconsistent with this charter shall be and remain in force
until altered, amended or repealed by the council of the said

§ 6. Vacancies in all elective or appointive offices may be
filled by a majority vote of the council. No appointive officer
shall be elected for a term longer than two years at any one
time. But this provision shall not prevent the council from
electing such officer for as many unexpired or full terms as
the council may desire. A vacancy in the elective offices of the
town may be filled by the council until the next municipal elec-
tion only, regardless of the term of such elective officer, at which
time the person or persons, as the case may be, receiving the
hhighest number of votes at the regular municipal election shall
fill the full unexpired terms of such elective officer. In the event
there are no or not sufficient candidates at any regular munici-
pal election to fill the offices of council or mayor, the council is
hereby empowered to fill such vacancies.

§ 7. If any clause, sentence, paragraph, or part of this
act, shall for any reason be adjudged by any court of competent
jurisdiction to be invalid, said judgment shall not effect, impair
or invalidate the remainder of the said act, but shall be con-
fined in its operations to the clause, sentence, paragraph or part
thereof directly involved in the controversy in which said judg-
ment shall have been rendered.

§ 8. This act may for all purposes be referred to or cited
as the Exmore Charter of nineteen hundred and fifty.

2. All acts or parts of acts in conflict with this charter, in so
far as they affect the provisions of this charter, are hereby

repealed.
8. An emergency existing, this act shall be in force from its

passage.